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HomeMy WebLinkAboutWA-96-37The Cityoi ADMINISTRATIVE PROCESS APPLICATION ~]Vheat ~Rido~e Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 h (303) 237-6944 P one Applicant Bar ara_Fi Address 3940 Simms St. Phone423-5506 Same Addres's Phone Owner Location of request 3940 Simms St. 4Uheatrid e. CO 80033 _ Type of action requested (check one or more of the actions listed below which pertain to your request.-) _ .- [)Change of zone or zone conditions Varianc-e/Waiver Site development plan approval ~ Nonconforming use change Special use permit - ~ Flood plain special exception Conditional use permit Interpretation o£ code. Temporary use/building permit Zone line modification- Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request Z' Fence hei ht variance to allow a 8' ou ome e iri t is property. _. ,_ . _. . a F-lA zone. Because of r ;_? List. all persons and companies who hold an interest in the described real property;-as owner,- mortgagee, lessee,.optionee; etc. _ NAME ADDRESS PHONE 423-5506 tiValter $ Barbara Bendevex 3940 -Simms St. n- - 405 S..W 5th St.-`Des Moines IA SQ328 1_ - _. u, I certify that the information-and exhibits herewith submitted are true and correct to the best of_my knowledge and that in filing this application, 2 am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-o£-attorney from the owner which approved o£ this acts n o 's b alf. _ ~` Signature :af ,Applicant ` ~` ` ~~~~ __ - Su",lisc~iYga~ and. sworn to me thi day of ,w~ 19 ~ 6 - ~''^'_, otary Public .SEAL i ,_ My commission expires _,... -_ Recei Date Received 'p o. `Q~ Case No. ~. _.. , IMPROVEMENT LOCA'TiON CERTIFICATE (~=_cu xsamauruwueo evaum.) 39~,O SIMMS 9TREET, LOT 42, MCLAUGLIN'S APPLEWOOD SUBDIVISION AMENDED, COUNiY OF JEFFERSON, STATE OF COLOiRADO. ~~~~~~~ .. 3~a}O .SIMMS.' ST2EET f 0 y-3 N Q Q Z_"~ 'J~ S . 00 1. I ~. .:.~nu.4!~: N ': "'n 4lY~~-.. (S. ~' N ' i- 15.3 ~NC, i ~,, b. (0.5 3~. S' .3-c~e_ _.G4P N O 2-~TO R.'( 0' BR.I~ AfJD 4 0 . FRAME ~ _ ~ N- t~(~9 I ,Ba~.l :~ ~ ~~ , : I I_ __ J ~2 10•l7 I.I TI L. E. Dl~c.t-( ESn"(' 9 S. O O ~°, ~4( Q. oK,'s;.;,~y G'f~N~e :o g'§emce_. CERTIFICATION: I hereby certify that this improvement location certificate was prepared for NORWFST MORTGAGE INC., THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, and that it is not to be relied upon for the establishment of fence, building, or other future improvement Tines. [ further certify that the improvements on the above described pazcel on this date, JULY28, 1994, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoirtir)g premises, except as indicated, and that there is no APPARENT evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. ,,,,,,, DATE: JULY 28,1994 BORROWER: BENDEVER FEE: $85.00 JOB NO.: 0794223 - - -.-c=vss¢itscEn ivmuc w.vxicvxe twn v rour+o rcu/pvu nvo cnr LENZINI AND ASSOCL4TFS Professional Land Surveyors 7905 Zenobia Street Westminster, Colorado 80030 ~) 430.0209 FAX (303)430-0825 PAUL A. LENZINI PLS 11636 ttLLLI'TION hlU. y41;i4Y1~ :84.~~ RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 8/11/94 11100 W ARI2ANTY DEED ~J F. 25 THIS DEED, Made this 9TH day of AUGUST, 1994 between L. E. CAMPBELL of the County of and Slate of ,grantor, and WALTER E. BENDEVER, SR. and BARBARA J. BENDEVER whose legal address is 3940 SIMMS STREET, WHEATRH)GE, COLORADO 80033 of the County of JEFFERSON and State of COLORADO, grantees: WITNESS, that the grantor, for and in consideration of the sum of TWO HUNDRED NINETY-TWO THOUSAND FIVE HUNDRED AND 00/100ths DOLLARS, ($292,500.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does gran[, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of JEFFERSON, and State of Colorado, described as follows: w ~ LOT 42, MCLAUGHLBQ'S APPLEWOOD SUBDIVISION, ~ AMENDED, ~~ EXCEPT THAT PART OF THE EAST 6.1 FEET THEREOF WHICH LIES IMDZEDIATELY WEST (~ OF AND ADJACENT TO LOT 23, - - APPLEVIEW SUBDIVISION AS CONVEYED BY QUIT CLAIM DEED RECORDED OCTOBER 17, ~11~~- 1987 AT RECEPTION NO.87131901, ~~c' COUNTY OF JEFFERSON, w ~ STATE OF COLORADO - also known by street and number as 3940 SIMMS STREET, WHEATRIllGE, COLORADO 80033 TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, m[eres[, claim and demand whatsoever of [he grantor, either in ]aw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in taw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and rights-of-way of record, if any, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against al( and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. ~~~~ ~ITCe~II STATE OF COLORADO COUNTY OF JEFFERSON .6~'.t P (/ The foregoing instrument was a dCvl"edged befo~'e; mss' ~~~~. ~: ~,G~ U~p~^~ My commission expires: 04-3~-9j"•, i,1.~..~E; '~ .~./ 9~iH}??6038 MCOI306B94 ss. 9TH day of AUGUST, 1994 by L. E. CAMPBELL e s m hand and official atary P lic 73til~lA. l~tev. 3-85 WARRANTY DEED (to Joint Tenants) I\C~.Gr 11VIV IVU. >41 ~-FY 1.J ~•s -r.J RECORDED IN COUNTY OF JEFFERSON STATE OF CDLDRADO _ 8/11/94 11:00 W:-~RR:INTY DEED THIS DEED. Matle this 9TH day of AUGUST, 1993 between L. E. CADIPBELL ~0 of the Cocnry of and State of, grantor, and 'u f WALTER E. BE\TIEVER, JR. and BARBARA J. BE~'DEVER whose legal address is 39:0 SI~L~LS STREET, 'fpj(1 W'FD:ATRIDCE, COLORADO 80073 of the County of JEFE'ERSOY and Stare of COLORADO, grantees: WTT,I'ESS, [hat the granmq for and in consideration of the sum of TWO f[U\'DRED Nl.`1ETY-TFVU 1'HVUSA:vD I.F. FIL'NDRED AW 00/100ths DOLLARB, (4293,500.0%, the receipt and sufficiency of which is hereby acknowledged, has gr. I, ZS bargained, sold and conveyed, and 6y these presents does grant, bargain, sell, convey and conftrm unto the grantees, their heir assigns forever, not in tenancy in common but in Joint tenancy, all the real property, together with improvements, if any, sima[e, and being in the County of SEFFERSON, and State of Colorado, described as follows: LOT 43, bfCLAUGF[LIN'S APPLEIPOOD SUBDIV'IS[ON, A.~SENDED, EXCEPT THAT PART OF THE EAST 6.1 FEET THEREOF WHICH LIES IhSh~DIATELY t4TST OE AND ADJACENT TO LOT 23, APPLEVIEW' BUBDIVISION A8 COWEYED BY QUIT CLAIbI DEED RECORDED OCTOBER 17, 1987 AT RECEPTION HO. 87131901, COUNTY OF JEFFERSON, STATE OF COLORADO also known by street and number as 3940 SINLVIS STREET, WTIEATRIDGE, COLORADO 80033 TOGET[FER with all and singular the heredimments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents. issues and profim thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the aticve bargained premises, with the heredimments and appurtenances. TO HAVE AiW TO HOLD the said premises above bargained and described, with the appurtenances, unm the grantees. Iheir heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargatn and agree Io and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above wnveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in iee simple, and has good right, PoII power and lawful authority to gran[, bargain, sell and convey the same in manner and form aforesaid, and drat the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or notate soever, except for taxes for the current year, a Tien but not yet due ar payable, eazemenrs, restrictions, reservations, covenants and rights-of-way of record, if any, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming dte whale or any par[ [hereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. W WITNESS WHEREOF the grantor has executed this deed on the date set forth above. ~~~ ~>~~ STATE OF COLORADO COUNTY OF JEFFERSON The foregoing instrument was jLSCvledged be FOR: ~i llY~il~~' My commission expires: 04-15-95'•, ,:w ' ~' ',..t. "9T~H}~6038 N.C01306B94 __ ) ss. ) 9TH day of AUGUST, 1993 by L. E. C.1btPBELL ' e s m hand and official o~ fl lie "'I"""!dot 921 A.1<er. ].BS VVAR}L~YIY DEED (m Joint Ten~nu) IMPROVEMENT LO'C'A`lYON CERTIFICATE (LEGAL DE6LRIPIION FURNI6ME~ DY0.IEMJ 3940 SIMMS STREET, LOT 42, MCLAUGLIN'S AI'PLEWOOD SUBDIVISION AMENDED, COUNTY OF JEFFERSON, STATE OF COLORADO. _....... ~S.oo t O:_o U Tl 1.... -_ __ 15.3 i ~or{c.. I ~ 3 t,. g' Q w 2-aTOr~7 z 4J N 0 f3R.tU~ 1afJD ~ 'F -- --FRat~ E ...... . __~.ESt Amy C.E.. Q to), ~ nH ; .. . _, ...~ S.,M... T. H3!f -. (( g~ .._ o_ to~5 _ _ 6A fZ. N N ~. o' U ~ _: N- rr ~i 13. & 0 ~~ Q. y2 f O S" ~ ENCN~ '~~. ~~ _ CERTIFICATION: I hereby certify that this improvement location certificate was prepazed for NORWEST MORTGAGE INC., THAT IT LS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, and that it is not to be relied upon for the establishment offence, building, or other future improvement lines. I further certify that the improvements on the above described pazcel on this date, JULY 28,1994, except utility connections, aze entirely within the boundaries of the parcel, except as shown, that there aze no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no APPARENT evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. „ ,.. DATE: JULY 28,1994 BORROWER: BENDEVER FEE: $85.00 JOB NO.: 0794223 ^+" cross c[ nstso >N core. wnuvcuRa c~ "U"FOUNOPIN/PINANDCAP LENZINI AND ASSOCIATES ProfessionalLand Surveyors 7905 Zenobia Street Westminster, Colorado 80030 ~) 430-0209 FAX (303) 430-0825 PAULA. LENZINI PLS 11636 NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on October 24, 1996, at 7:00 p.m., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. The following petitions shall be heard: 1. Case No. WA-96-35: An application_ by Richard and Kimberly Eggleston for the approval of a 1'-6" side yard setback variance to the 5' side yard setback requirement to allow a carport on a property zoned Residential-Three and located at approximately 4354 Hoyt Street. 2. Vase No. WA-96-36: ,__An application by Davis Sowa for the approval of a 1'-6" side yard setback variance to-the S' side yard setback requirement to allow the enclosure of an existing carport. The property is zoned Residential-Two and located at 5110 Simms Street. 3. Case No WA-96-37: An application by Barbara and Walter Bendever for approval of a 2' height variance to the 6' maximum fence height requirement to allow for an 8' fence: The property is zoned Residential-One A and located at 3940 Simms Street. 4. Case No. WA-96-32: An application by M. Carolyn Ritz, Et A1, for a request for interpretation to an administrative decision by the Planning and Development Director that a construction equipment storage and service facility is a use by right in the Light Industrial (I) Zone District. This interpretation involves a Light Industrial zoned property located at 5040 Tabor Street. Mary. Lou Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: October 4, 1996 Wheat Ridge Transcript P.O. BOX 638 TELEPHONE. 303i237~694q The Cil1y 0/ 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORA00 80033 cWheat Ridge October 10, 1996 This is to inform you that Case No. WA-96-37 which is a request for dAAYOVal Of a 2' 1']elatLt +O +ha F+' n~ imiitr fonra haitrht re uirement to allow for an 8' fenc for property located at 3940 Simms Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.00 P.M. on All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you. have .any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "'l'h~~ ('~ri~r~rrtii,~~ (~it~~~~ Z~ i~ A N ~ o K m ~ w ~ w `~ ~ E ~ ~ • ~ \ ~ ~4 U O w ~° m zn ~ rr Y• -__. _ w - I \ ~ ~ _~~D-1'll ~, H &OLO ~ O ''= .- . -.. . w3£3 -: ~.. UDO ~ w ~ rn O ~ -'" ' Z t _' ~ " ,' ~ r n I ~ i%b t10 ( _ _ C9 _ U O I D rnw x~ xw J; ~ V _ !UD O lil< F• mrn Ar j I ,~ -I zl V ~ O W V N U f li O z~ C71- -. N a C N m 8 ~m D L5 N fil y nx O m 3] Z o m S N V W ~~ s o r~ ~ m ~ c ..o 7o Z D' O 7D m m .s ~' w 1 Ln m "0 ~ ~ c i ,°~''_ lO~~ I O ( II z I A '' ' , 3€ ~ ~ - - G+ ~ ,a ~_ n~ ~ - - .. ~ w.~,t Z _ ~ ~ Y;; ~' ~/-~-- ~ i V ~ I ~ ~ 'O °' ~ iyl Yr : cii ~ ~ G a m ~ ~.,. .+ C ~ ~'Yr6"f A7:..~ . . 0~ TT _ ~ N~~ i`i~i. Z .... ~~~ ii y O ~ mrN ' I . n ..... . 1 =- :P 960 413 597 m T ~1 i ~-+ ~ W z an c C L m ~ ~ t O 1~j -i - i ,. 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(~ ~ ~ (D 1 1 ~ ~ -I ~ Z ~ _ O ~ c ~ ^^ w ~' O D m Q ~ 37 D Q ¢ NNN ~ ~ y ~ ~ n N 41 ~ S ~ _..n ~ v ~ ~~,ys~ d ~ 'O B '-O -a ~ m °- ~ m D Q ~ N W ~ ~ssaaaatl Nantea ~o lHOia aru I ni a.if5'IanNa an dOl ltl a3N~I1S 3~tlld ilNtllaOdl^7 a o f Y g 6 • y p ~ I A e 1 i F i r . i ~ ~' o I w ~ (Q ~ ~ N~ ¢ 1 M ~ Q h r o ~ ua ~ ~ ~ v z w z 1t1 ~-w ~ ~ V£ ~w < ~~ ~~ 00 ~ _~ ~ ~ ~ o LL ~ z ow W ~ ~ ~! ~ 3 r JY {.~ r'~ Q i 6 V ~ { . ~y N ~y T y~ W O N F Z ~ ~ ~ W ~~~ 265 E?h 096 d- Q •~ Q'a ~~ y MN ~ I.i U N U ~ -_... n m 1 n Q (~ ~ R N N N ~ a N O d ~ w > c $ > 0' N O ~ .p N ~ ~ E R1 W y N ~ N r ~' ~ m v ~ a LL' - m a ~ ~' ~ F ~ ~ Q ~ ~' _ . o ~ ¢ ¢ O1 = a W N~~ N U ~ Q a ~ V1 _ N ZZ ~ O Q a ~ r ro ~ 3 ,~ ~ e- m B ~PP--,~- y .r r 5 O b~ o ~ ~$ b ~ ~ :: ~" .'.J ~~ ~ ,a 5 ca = o - .-a ~ ., ~ ,+y ~ ~ w ~ C - ' ~ ~ ~ S ~ rA ~ ~ ~ I ~ ~ 5 3 ,~. 2 e ~ ~ tl i. m ~ g ;5 h u "'~ "S T R ~ ¢ ° '~ =1a m d ~ 1 6 xo ~ o d ~ o , ri ~ ~ m O ~ F C V ~ " ~ ~ ~ v ¢ W d '~ l E65 E'Ch Q96 d I t~ ~ $ _~ W C N ~ ,ji e QS ves P ~ ~ = U Z US T a ~ -- w ~ . «a - ii65 E'Ch 096' d ` i _ ~ - !w=s. - -: y9 Z C "~ a ~ Wc4 S° ¢ ~ ~.. .. - -- U L a M V ~ ~ -~ ~~ ~~ ~ ~ ~ $ t~ s~ n - ~~ ~~ -~ ~ "J f m ~ ~ _ ~ '~ ~ Z c - - - -`~- Y=~ ... tI: :t ~ ~ E ~ ' ~ ~ E ~ m 4i '31 _ `-G '$ m 'a ~ '~ a .+ Z ~ ~ ~ S ~ ~ ~ u Q `°~- CC W ~P ¢ ~ :.> .-. a o y ... 'y s ~ ~ ~ m ~ ~ a m_ ~ E ~ ~ ' ~ d _ y :y t F N ~ ,a ~_ .~.9 C W @ E .S~ ~ ~ '~ _ ~.. ~ Rj m n ~¢ ~ 9 Q w {3 roy ~ ~ w q N 1 I .t ~y QY ~ V '~ ~ '°.a u i'y I a ] c ~ X y~ W a° a e a d ~ ~ (n y„ • • • ~rj ~ - c ~'- 7- N J d ~ ~ ~ ~ T R C ~~aM =x o ~ LL ro a ~-~ - ~ ~~ A Q a ~ 0 --`~` T '3 ~ C N ~ Q.. ~'r ~k ~r. ~~., ~~ ' c, ~4 ~, 'a ~ ~~ ~. NotiNe s herabFy grvenlot a publlNhear- 1996, ordered-; ing to be held before the Wheat Ridge newspaper of 99e . Board of Adjustment on October 24, City of Wheat Rim 7996, at 7:00 p.m., at 7600 West 29th and consideratic• '~ Avenue, Yvheat Ridge, Colorado. All for October 74, interested citizens are invhed to speak p.m., in the Coin '. at the public hearing or submit written West 29th gvenu~ - comments. The following petitions shall orado. '~ be heard: READ, ! 1. Case No. WA-96-35: An application ORDERED PUE - by Richard and Kimberly Eggleston for and final reading . the approval cf a 1'-6' side yard set- this day o'_, ;;. - back varianre to :he 6' side yard set- SIGNED b,: baa4 requircmer.t to allow a carpod on day of _, 7g • a properly zo-~ed Residential-Three and - tocated at a„:prcximateiy 4354 Hoyt ATTEST: • Siree!, WANDA SANG, (, 2. Case No. WA-96-36; An application APPROVED A' ' by David Scwa !cr the approval of a 1'• 6' side yard setback variance to the 5' GERALD E i:A:~ side yard setback requirement to allow Wheat Ritlgge Tra-r the enclosure el an existing carport. Published Oro?. . • The properly is zoned Residential-Two -- and located at approximately 5710 CITY OF Y!t • Simms Street. COLT 3. Case No. WA-46-37: qn application INTRODUCEL • by Barbara and Walter Bendever for MEMBEr the approval of a 2' height variance to Council E • the 6' maximum fence height require- Ortl7nana ment to allow for an 6' fence. The prop- Series , ' erty is zoned Residential-One A antl TITLE: AY located at 3946 Simms Street. REQUIRING SPEC. ' 4. Case No. WA-9&32: An application FOR MORTUARIE° ' toY oterpreltalioo to en administrative es IoNreq RreAFS;: .~. decision ty tha Planning and Develop- mortuaries in tn. ~ menl Director that a construction equip- trios firs) receive ment storage and service facility is a pursuant to Sea--- ' use by right in the Light Industrial (!) Code of Laws. Zone District, This interpretation BE lT ORCa^.. " involves a Licht Industrial zoned prop- COUNCIL OF Tr,_ eny located at 60a0labor Sireat. RIDGE, COLORA(i4, Sean McCartney for Section 1. Sut• Mary Lou Chapla, Secretary (20) of the Whew ' ATTEST: is hereby tlelete° Wanda Sang, City Clerk Section 2. Sw: " Wheat Ridge Transcript 7922.96 the Wheat Rio;e ' Published October a, 7996 amended by rep,,-.;~ CITY OF WHEAT RIDGE Paragraph 26.22 ': ABANDONED TRAILER (9) and insenirtg z -. The City of Wheat Ridge Police Depart- 26-22 (E)88), to rr:r. ' ment has a Great Dane Silver 49 tt Box O Morur Trailer with no sepal number being held the Whelat Riacx! ' due to abandonment. If [he trailer is not amended by inse-.rr claimed by October 77, 7996 it will be graph 26.23 (E) ,E sold. Any person wi<hing to claim the 5 ldon.;e ~,_ (railer may do so Ly contacting Michelle Section 4. S r:c, Stotltlen at 255-2532 the Wheat Rice; - Pacl R. Edwards, CPPB amended by rend-;~, ~ Purchasing Agent paragraph 26.2a r, Wanda ..ang City Clerk (37) and insertinc z -, Wheat Ridge Trarscrip: t 523-96 2G24 (E) (30), tc r>"," First Publication October 4, 7996 (30) MonuanE; Last Publication October 17.1996 Secfion 5. Eta: Mbrtuaries in exis:a~,;e CfTY OF WHEAT RIDGE tlate of this Orcr ; NOTICE OF FffdAL SETTLEMENT affected the: ebf =_ In accordance with the notice rout- required to obtain z co- .lions contained in 38-26-707 C R.S. Ladwesr Section 2E-: . the Cityy Administrator of [he City of Section 6. Er ~~ - Wheat Ritlge. Culaado has establishetl City Council hereb. ~, October 14,7996, as the date o! final arrd declares that?S~ ~; ., settlement with S[arke:, fna, conlrac- mulgated under the l;. . for for the construction sf the City of er of the City of N°,:.: W}leal Ridge pre;~ ;:; number P.FB k9S promulgafetl for the -,. 20 with the project nUe oC Wheat welfare of the putr„~. . Rld Police AddiLCn and Remodel nance is neceasan n. Pro~ct. Clamis ivr~i-une a verified of health and sa'e-: a-~- stair-ment rl Il.. .: rnt dc? and , .. . .. 'i~.:., .. ?JLlir CO ... CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: Board of Adjustment DATE OF MEETING: October 24, 1996 CASE NO. & NAME: WA-96-37 / Bendever DATE PREPARED:October 15, 1996 CASE MANAGER: Sean McCartney ACTION REQUESTED: 2' fence height variance LOCATION OF REQUEST: 3940 Simms Street NAME & ADDRESS OF APPLICANT(S) Barbara and Walter Bendever 3940 Simms Street Wheat Ridge, Co 80033 -.----- NAME & ADDRESS OF OWNER(S) Same APPROXIMATB AREA: 9,975 square feet PRESENT ZONING: Residential-One A PRESENT LAND USE: Single Family Residential SURROUNDING ZONING: W: N: S: and E: Residential-One A SURROUNDING LAND USH: W:, N: S: and E: Low, Density Residential DATE PUBLISHED: October 4, 1996 DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) (XX) NONE --------------------------------------------------------------------- ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER JURISDICTION• The property is within the City of Wheat Ridge, ;and all notification and posting requirements have been met, therefore,'there is jurisdiction to hear this case. October 10, 1996' October 10, 1996 Board of Adjustment Staff Report Page 2 Case No. WA-96-37 I. REQUEST The applicant is requesting the approval of a 2' fence height variance to the. 6' maximum fence height requirement. Approval of this request would allow for a 2' fence addition onto an existing 6' fence along the applicant's rear property line. Section _26-30 (I)(1) of-the Wheat Ridge Code of Laws states that "no fence, divisional wall br hedge:...shall be permitted above the height of 6 feet, in instances not otherwise specified". In this instance, staff would permit the planting of a natural barrier 8' in height. The applicant believes they need additional screening from an existing group home located to the east. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for as adjustment: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The property currently is being used as a single-family residence. If the request is denied, the property may still continue being used as a single-family residence. 2. Is the plight of the owner do to unique circumstances? There appears to be no unique circumstances attributed to this request. 3. If the variation were granted, would it alter the essential character of the locality? Because there aren't any fences, within the immediate locality, which extend any higher than 6', approval of this variance may alter the essential character of the locality. But, when this report was written, staff had not received any formal complaints regarding this variance. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The property has no unusual shape or topographical features that would create a particular hardship. 5. Would the conditions upon which based be applicable, generally, same zoning classification? the petition for a variation is to the other property within the Because each case is reviewed on .a site by site basis, there may be comparable conditions on other properties in the same zoning districts. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No, the purpose of the variation is based exclusively on the desire for privacy. 7. Has the alleged difficulty or hardship been created by nay person presently having an interest in the property? Thealheged difficulty or hardship has been self imposed by the applicant. Group homes are an allowable use in all of the Residential zone districts. The use of trees and/or shrubs is an alternative to a fence, which would not require a variance. 8. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The granting of the variance would not be detrimental to the publics health, safety and welfare. But, it may be injurious to other property and improvements in that there isn't any other fence, higher than. 6', within the immediate vicinity. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion is the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Because of the fence height (8°), the supply of light may be impaired, but there will not be an increase in congestion or danger of fire if the variation is approved. Zf_the applicant plants landscaping as a natural screen, they could vary the use of evergreen and deciduous plant types that would allow for both air and light at various times of the year. (1 t J C -7, i' ~, ~~., ~, ~. ,~ . - I j~-1 ~i :<•,:' ..Wd•91~.3t O~ ~ I ~ I `~ V J AREA R°QUIRi\G S:-E PUAN AP?ROYAL S ~O f`wl I NG Mi~cP / L / . ; .- ~co= EAR =LCeo PLAih, _~.,--~-°'"_-"`~•.°-m•m.__ ~ Wr I~I~T ~IDG~ •---, (q oogOX~MATE LCCA':CW ~cm~ - ' - ONE DISTR G' ~,~~~ » rcc so xo +cv GOL©Rf cD0 B SGA1E I'~00 - . ARGELi LOT 3CUNDRY _ DES16hiATES Oi--iPiERS-:?) - - - - MA? ADOPT^~: June IE, 199 Last Re~sion: Jcucr~ 9, 1995 ~- - ~- - I^l,<, ~ ~Z FEd TtrZ_ ~ARTI^ctf' O.- : /JdJINS N:D ~1r,-..0?I~JT -235-7ff7 ZOIv-SNG ?,SID DEVELOP?vfE\e and approve the design and installation of any holding tank prior to issuance of a cer- tificate of occupancy upon any building or structure. The failure of any holding tank to meet the requirements imposed upon it pursuant to this section 26-30(I-17 shall con- stitute grounds for the denial of any certif- icate of occupancy or the issuance of an order to vacate the premises as a "danger- ous structure" pursuant to the provisions of the uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, adopted by the city in Ordinance 509, Series of 1982. I) Fences. Walls and Obstruczions to tiiew: :'=nces and divisional walls aze permitted in any :one district with the issuance of a fence permit :enroved by the pianmng and development de- cartment in accordance with the following provr -ions: § 2630 thirty-six i36) inches and ninety-six X96) inches high is maintained free and cleaz of obstruction: and further oro- ~~ded. that a sign pole does not exceed one ill foot in diameter. One- and two- famiiy dwellings shall be exempt from application of the iiiteen-foot driveway sight distance triangle requirement. !See rigure 26-3L1., lb) Amortization of nonconformities. Within a required sight distance tri- angle any legal nonconforming land- scape plant materials shall contorm ±o thesereeulations within three~3)years ot" the date o:` adootion of this 0rdi- nance.:im~ legal nonconforming fences. divis~cnai waits or s,ens shall coniorn; m these regulations within 1"ive yeazs.: or more speculc requirements regarding nonconforming situations, _ Permuted fence, etc., heights. No fence, di- see section 26-7. visional wall or hedge above the height of l3) Colamns, poles and posts. Support columns forty-eight (48) inches shall b~pezmitted within aminimum require~'f o,~ont yards or . poles or posts shall be permitted to be con- d f above the height of six l6) feet-in instances strutte up to one i ll oot higher than the not otherwise specified. permitted fence heights: however, the col- umns, poles or posts cannot be constructed 2) Sigizt distance triangle requirement: in such a manner as to constitute a traiCic a! No fence, divisional walk hedge or hazard due to obstruction of view. No such other obstruction to view in excess of column, notes or posts which extends above fortytwo X42) inches high, except fur the maximum fence height shall be per permitted landscaping, signs or public mitred to be constructed greater than t«o utility poles. shall be established or feet by two feet t2' x 2'; and no less than maintained on a corner lot within a tri- ten ~ 10) feet en center. angular azea bounded by the lot lines (4) Fences and dlcision¢l wails aermitted: and a line connecting points on each tot line either twenty-Five t25)feet from ;a) 1lasonrv walls. the intersection of such lot lines for lb) Ornamental iron. local streets or fifty-five i55) feet from {c) Woven wire and chainlink. the intersection of such lot lines for col- (d) Wood. lector or arterial streets. The same shall re) Hedges. apply to the intersection of driveways ~fl garbed wire: and public street, except that the sight 1. Barbed wire shall be permitted distance triangle may be reduced to fif- only in Agricultural One iA-1) zone teen i15) feet. Street trees required by districts, or within any zone dis- section 26-32 and signs allowed by the trict if located within floodplain Wheat Ridge Cade of Laws, Article IV areas, or in residential zones for of this chapter, may be permitted the keepingofIazgeanimalswhere within the regulated sight distance tri- allowed, provided any bazbed wire angle; provided, that the area between is located at least three l3) feet in- ~~PP- Nn. 5 1777 j WSEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 24, 1996 Page 6 Board Member ECHELMEYER said if requirement for a garage why was Board Member ABBOTT feels-if th' part of the structure, it shoul Discussion followed. a concrete floor is not a it being added-in, and is is an attached permanent d have a concrete floor. Motion was seconded by Board Member HOVLAND. Motion carried 6-0, with Board Member HOWARD voting no. Resolution attached. C. ~~~-WA=9~3`Z: An application by Barbara and Walter Bendever for approval of a 2' height variance to the 6' maximum fence height requirement to allow for an 8_'.fence. The property is zoned Residential-One A and located at 3940 Simms Street. Sean McCartney presented the staff report. All pertinent documents were entered into record,-which Chairman WALKER accepted. Board Member HOWARD asked if there is any difference in elevation from the group home site up to the house, and Mr. McCartney replied yes, and it looks to be. about 5 feet. Board Member HOWARD asked if the 6 foot fence is on the group home property, and Mr. McCartney answered he is not sure, so perhaps refer that to_the applicant. The-applicants, Walt and Barbara Bendever, 3940 Simms Street, were sworn in. Mr. Bendever said their house is a 2-story and-they look directly down onto the group home property. The lights in that house are on all night long, there are people coming and going from the patio all night long, and the lights shine directly into their upper floor. Mr. Bendever feels the 2 foot fence extension would block. the light considerably, as looking down would be the top of their windows. The noise from the patio filters in through their windows, and it is very disturbing. The fence. would not be noticed from the.-front because. there is a 3 foot drop from the front to the back. Board Member ABBOTT asked staff is there a problem with the Group xome ordinance, and Mr. Gidley replied in a single-, family home one has a right to keep their lights on all night or to set out on their patio all night. These folks have the same rights as well, however, not everybody does that. In itself, it is unusual and could support this particular variance,. but it is not an actual item from a zoning or nuisance perspective. C WHEAT RIDGB BOARD OF ADJUSTMENT Page 7 MINUTES OF MEETING: October 24, 1996 Mr. Bendever feels the neighborhood was not_properly notified. He feels the group home is more of a business that is owned and operated by a company out of Minnesota. Ms. Bendever spoke saying she has talked to them twice to try and alleviate the problem, but nothing has happened. The back of this house is solid windows and the large screen T.V. and lights shine right into their daughter's bedroom. Chairman WALKER, questioned the plot plan showing the fence being back from the property line to allow for the 10' utility easement, and Mr. Bendever replied the plot.plari is correct, the fence is not on the property line. Board Member HOWARD feels even if the fence were 2 feet. higher it would not alleviate the lights shining into the second floor, and Mr. Bendever said yes it would because their house sets down 4 foot from the group home's patio. The current fence,is 'slats on rails' and the applicants will put up another rail with all new slats. Board Member HOWARD asked if building code required replacement of posts for`wind load, and Mr. Gidley answered he is not familiar with the code for 8 feet.. However, that will be worked out with the building department. Discussion regarding the south side of the property followed. Board Member ABBOTT asked if they had given any thought tb vegetation instead of the fence, and Mr. Bendever said they have hired a landscape architect to have the backyard completely re-done. The bushes and shrubs being put in will take a long time to get up to that point however, and planting trees at the 8 foot level is not cost effective. Board Member ECHELMEYER added that the people of Wheat Ridge have been denied the right to oppose group homes because of action taken by the city attorney and council. The applicants have been denied the privacy they thought they were getting when purchasing this home. The board needs to do something to_help people regain the privacy they reasonably expect for their homes. He would recommend very strongly that this be approved. Motion was made by Board Member ABBOTT, that Case No. WA-96- 37, an application by Barbara and Walter Bendever, be APPROVED for the following reasons: 1. The applicants are experiencing problems related to noise and light from the adjacent group home to the east. i WHEAT RIDGE BOARD OF ADJIISTMEl`7T MINIITES OF MEETING: October 24, 1996 Pa3e $ 2. The applicant's house is particularly affected by the multiple tenant ,usage of the adjacent group home due to its construction of substantially all glass on the west wall_ 3. The appellant's yard is approximately 4-5 feet higher in elevation. 4. The cost of planting 8 foot Evergreen or deciduous trees sufficient in height would be prohibitive. 5. The 8 foot section of fence would essentially be invisible from the street_ Motion was seconded by Board Member HOWARD. Motion carried 7-0. Resolution attached. Chairman WALKER called for a five minute recess. D. Case No. WA-96-32: An application by M. Carolyn Ritz, Et A1, for a request for interpretation to an administrative decision by the Planning and Development Director that a construction equipment storage and service facility is a use by right in the Light Industrial (I) Zone District_ This interpretation involves a Light Industrial zoned property, located at 5040 Tabor_Street. Glen Gidley presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. Entered into record Section 26-23(B)(8-22) labeled Exhibit 'C'.. Board Member ECHELMEYER asked which was here first, the industrial zoning of this land, or the R-1 and R-2 north of it, and Mr. Gidley answered he does not know when the R-1 and R-2 was established, the industrial zoning of this property was during the early 60's and before the City was incorporated. Board Member HOWARD wanted to know when the latest change was made on the Comprehensive Plan, and Mr. Gidley replied there have been no changes in this particular area in terms , of land use since 1976. There have been some changes in terms of the street Master Plan for this area_ The applicant, Carolyn Ritz, 5115 Swadley Street, was sworn in. Ms. Ritz read into record Exhibit 'D' (see attached) explaining her position regarding this case. Chairman WALKER commented it would. seem, if a Special Use Permit were granted it would not change a thing in that area, the activity would still be taking place in that area near the houses, and wondered why a Special Use Permit CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 24th day of October , 1996. CASE NO: WA-96-37 APPLICANT'S NAME: Walter and Barbara Bendever LOCATION: 3940 Simms Street Upon motion by Board Member ABBOTT , seconded by Board Member HOVLAND , the following Resolution was stateda WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-96-37 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15. days by law and. there WERE NO protests registered against it; and WHEREAS, the relief a to the public welfare intent and purpose of Ridge. NOW, THEREFORE, BE IT Application Case No. ?plied for MAY be granted without detriment and without substantially impairing the the regulations governing the City of Wheat RESOLVED that Board of Adjustment WA-96-37 be and hereby is APPROVED. TYPE OF VARIANCE: A 2' fence height PURPOSE: To allow an 8' fence in the rearyard FOR THE FOLLOWING REASONS: 1. The applicants are experiencing problems related to noise and light from the adjacent group home to the east. 2. The applicant's house is particularly affected by the multiple tenant usage of the adjacent group home due to its construction of substantially all glass on the west wall. 3. The appellant's yard is approximately 4-5 feet higher in elevation. 4. The cost of planting 8 foot Evergreen or deciduous trees sufficient in height would be prohibitive.. 5. The 8 foot section of fence would essentially be invisible from the street. t Case No. WA-96-37/Resolution Page 2 VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Dunker, Mauro and Walker NO: None DISPOSITION: A 2' fence height variance granted by a vote of 7-0. DATED this 24th day of October, 1996. ROBERT W KER, Chairman Mary L u C apla, Se retary Board of djustment Board o Adjustment PUBLIC HEARING SPEAKERS` LIST CASE N0: WA-96-37 DATE: October 24, 1996 REQUEST: An application by Barbara and Walter Bendever for approval of a 2` height variance to the 6' maximum fence height requirement to allow for an 8' fence. The property is zoned Residential-One A and located at 3940 Simms Street. Position On Request; (Please Check) SPEAKER'S NAME Ec ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED , , ~ ' , , , , , , , , i 7 I , i i , , .~ i , , i 1 __ `°_-i , i :. , i i i i i r i ,- _ ; , , , , , _.. ;_ , _ -_ i i ~ , ~ i , ~ i . ,__ i ~ , ~ ~ ~ ~ , I , ~ 1 ~ ~ ~ , ~ , ~ , ~ , , r t , , ~ , , , ~ ~ , , ~ . i ~ ~ , , ~ - , ~ , ~ ~ , , ~ , ~ , ~ , , ~ _..._ , ~ _. , ~ ~ , , - ~ , , -' , ~ , ~ , ~ , ~ , , ~ _- . 7 ~ r ~ , ' i ! - - _~- ~ - ~ i , ~ , , ~ r ~ , , ~ ~ , ~ __ .. , , ~ ~ , ~ , .-_ i i ~ ~ , ~ _ ~ _ _v_~ Adjacent properly owners of 3940 Simms St. Wheatridge, CO 80033 3936 Simms St. Wheatridge, CO 80033 4044 Simms St. Wheatridge, CO 80033 11590 W. 39th Pl. Wheatridge, CO 80033 W ~ • qG • 3 ? : 13.PrvicQeJ~~t-- Q 2` ~. ~~ 62 ~,~~ ~ ~~~ _ ~ Recd u^nu'""""r p A- S j": a>^6 lace .~ ~}4o Std _ _ _ __ _ UJh •Ot~e • 37 t (C) 1996 TRW REDI Property Data 1)Situs:_11590 W 39 PL WHEAT RIDGE CO 80033-3-85.7 APN :39-213-03_-.071_ Assd Land:$3,860 Use :SFR County:Jefferson CO Assd Imp :$11,560 Date:07/24/96 Bldar:18 27 MapLoc:15-L Zone: Total Val:$15,420 Doc#:F273210 Rooms: /4 /3 RTSQ :69W03S21SW Lot Size Sa1e:$189,900 Story:l Pool: Subdiv:APPLEVIEW 1stTD: Yrblt: Owner :MADDEN TIMOTHY F- 0 Phone: Own2nd:DIANE L Mail :690 S CLEVELAND AVE; ST PAUL MN 55106 _ --------------------------~ r_._ 4)Situs3929. SIMMS ST WHEAT RIDGE CO 80033- 3871 APN :39-204-04-011 Assd Land:$5,790 Use :SFR County:Jefferson CO Assd -Imp :$20,990 Date:03/27/95 Bldar:31 84 MapLoc:15-K Zone: Total Va1:$26,780 Doc#:F31965 Rooms: /4 /3 RTSQ :69W03520SE Lot Size Sale:$250,000 Story:2 Pool: Subdiv:MCLAUGHLINS APPLEWOOD AMD 1stTD:$200,000 Yrblt: Owner eDOUGHDRILL CHARLES W Phone: Own2nd:R P _ Mail :392.9 SIMMS ST; WHEAT RIDGE CO 80033-3871 C013 6)Situs:3936 SIMMS ST WHEAT RIDGE CO 80033-3800 APN :39-204-01-018 ___ Assd Land:$5,790 Use :SFR County:Jefferson CO Assd Imp :$22,150 Date:12/13/91 B1dar:2541 _ MapLoc:1S-K Zone: Total Val:$27,940 Doc#:117259. - Rooms: /4 /3 - RTSQ :69W03S20SE Lot Size Sale :$214,500 Story:2 Pool: Subdiv:MCLAUGZILINS APPLEWOOD AMD _ 1stTD: Yrb1t: Owner :ZELIE STEPHEN R Phone: Own2nd:ZELIE KAREN V Mail :3936 SIMMS ST; WHEAT RIDGE CO 80033-3800 C013 - _.. 7)Situs:3940 SIMMS ST- WHEAT RIDGE CO 80033-38.00 APN :39-204-01-019 Assd Land:$5,790 Use :SFR County:Jefferson CO Assd Imp :.$29,000 Date:08/09/94 B1dar:3395 MapLoc:15-K Zone: Total Va1:$34,790 Doc#:134913 Rooms: /4 /4 RTSQ :69W03S205E Lot Size.: Sale:$292,5D0 Story:2_ Pool: Subdiv:MCLAUGHLINS APPLEWOOD AMD 1stTD; Yrblt:l994 Owner :BENDEVER_WALTER E JR Phone: Own2nd:BENDEVER BARBARA J Mail .:3940 SIMMS ST; WHEAT RIDGE CO 80033-3800 0013 8)Situs:4033 SIMMS ST WHEAT RIDGE CO 80033-3871 APN :39-204-04-010 Assd Land:$5,790 _ Use _:SFR County:Jefferson CO Assd Imp :$19,230 Date:09/21/89 Bldar:2621 MapLoc:15-K - Zone: Total Val:$25,020 Doc#:83891 Rooms: /4 /3 RTSQ :69W03S20SE Lot Size Sale:$177,5DD Story:2 Pool: Subdiv:MCLAUGHLINS APPLEWOOD _AMD 1stTD: Yrblt: Owner :FREEMAN DONALD B Phone:303/422- 8173. Own2nd:FREEMAN SUSAN E Mail :4033 SIMMS ST; WHEAT RIDGE CO .80033-3871 C013 - » Reported data believed to be reliable but accuracy is not-guaranteed « I ; (C) 1996 TRW REDI Property Data 9)Situs:4044 _SIMMS ST WHEAT RIDGE CO 80033-3800 APN :39-204-01-020 Assd Land:$5,790 Use :SFR County:Jeffers_on CO Assd Imp :$22,000- Date:10/01/92 Bldard2520 i MapLoc:15-K Zone: Total Val:$27,790 Doc#:126703 Rooms: /2 /4 RTSQ :69W03S20SE Lot Size Sa1e:$58,000 Story:l Pool: Subdiv:MCLAUGHLINS APPLEWOOD AMD 1stTD: Yrblt:1993 Owner :THOMSEN IRVIN M Phone: Own2nd:THOMSEN LOREINA R Mail :4044 SIMMS ST; WHEAT RIDGE CO 80033-3800 C013 ---- ------ - --------r-°-T----------- » Reported data believed t --------- -- o_.,be reliable but accuracy is not guaranteed «